[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 6. Bills and Resolutions]
[From the U.S. Government Publishing Office, www.gpo.gov]
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CHAPTER 6 - BILLS AND RESOLUTIONS
HOUSE PRACTICE
A. Generally
Sec. 1. In General; Resolutions Distinguished
Sec. 2. Public and Private Bills Distinguished
Sec. 3. Form; Component Parts
Sec. 4. Titles
Sec. 5. Preambles
B. Introduction and Reference
Sec. 6. Introduction of Measures in the House; Sponsorship
Sec. 7. Reference
Sec. 8. Multiple Referrals; Sequential or Split Referrals
Sec. 9. Bills Reported with Amendments
Sec. 10. Matters Subject to Referral
Sec. 11. Time Limitations on Referred Bills; Extensions
Sec. 12. Referrals To or From Special and Ad Hoc Committees
C. Private Bills
Sec. 13. In General
Sec. 14. What Constitutes a Private Bill
Sec. 15. Introduction, Reference, and Consideration
Sec. 16. -- Amendments
Sec. 17. Uses of Private Bills
Sec. 18. -- Claims By or Against the Government
Sec. 19. -- Immigration and Naturalization Cases
D. Restrictions on Certain Public Bills
Sec. 20. Appropriations
Sec. 21. Tax and Tariff Measures
Sec. 22. Designation of Public Works
Sec. 23. Prohibition on Commemorations
Research References
4 Hinds Sec. Sec. 3266-3297, 3364-3390
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7 Cannon Sec. Sec. 846-871, 1027-1053
Deschler Ch 16; Deschler Ch 24 Sec. Sec. 1-4, 9, 10
Manual Sec. Sec. 397, 414, 478, 816-818, 822, 823, 828, 895-
897, 1066-1068a
A. Generally
Sec. 1 . In General; Resolutions Distinguished
Bills are used for purposes of general legislation. Joint
resolutions are used to propose constitutional amendments and for
special or subordinate legislative purposes. Simple or concurrent
resolutions are used primarily to regulate the administrative or
internal business of the House, to express facts or opinions, or to
dispose of some other nonlegislative matter. Deschler Ch 24 Sec. 1.
However, unlike simple or concurrent resolutions, a joint resolution
is a bill so far as the rules of the House are concerned. 4 Hinds
Sec. 3375.
The introduction of certain types of private bills is prohibited
by rule XII clause 4. See Sec. 17, infra.
The various stages in the passage and enactment of a bill--
reading, engrossment, and enrollment--are treated elsewhere. See
Reading, Passage, and Enactment; see also Consideration and Debate;
Voting; and Veto of Bills.
Sec. 2 . Public and Private Bills Distinguished
Bills and resolutions may be either public or private. A private
bill is a bill for the benefit of one or several specified persons or
entities, and a public bill relates to public matters and deals with
individuals by classes only. 3 Hinds Sec. 2614; 4 Hinds Sec. 3285; 7
Cannon Sec. 856; Deschler Ch 24 Sec. 1. Whether a law is to be
regarded as public or private depends on the attendant circumstances,
having regard to the effect rather than the form of the legislation.
Bollinger v. Watson, 63 S.W. 2d 642, (Ark. 1933). The distinction is
important, because the procedures followed in the enactment of private
bills are significantly different from those applicable to public
bills. Sec. 15, infra.
A bill may be regarded as a public bill and referred to the House
or Union Calendar when reported where it:
Contains provisions applicable to the general public, although
benefiting a named individual. 4 Hinds Sec. 3286.
Relates to a nation of Indians and not to Indians as
individuals. 7 Cannon Sec. 870; Deschler Ch 24 Sec. 3.3.
Indemnifies a foreign government for injury to one of its
nationals. 7 Cannon Sec. 865; Deschler Ch 24 Sec. 3.2.
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Includes among provisions for the relief of private persons
one item to pay a claim of a foreign nation. 4 Hinds Sec. 3287.
Grants an easement over public lands to a private company. 7
Cannon Sec. 864.
Authorizes an exchange of government-owned land for privately
owned land. 7 Cannon Sec. 862.
Provides for the reimbursement of ``all the depositors'' of a
certain bank, the depositors not being identified by name. 8
Cannon Sec. 2373.
Sec. 3 . Form; Component Parts
Generally
The form in which bills are considered in the House is governed by
statute and by the practices and customs of the House. Any deviation
from the form so prescribed may be authorized by joint resolution or
be waived by passage under suspension of the rules. 7 Cannon
Sec. 1035. Alleged errors in the drafting of a bill are to be resolved
by the House in its consideration of the measure and not by the
Speaker on a point of order. Deschler Ch 24 Sec. 2.2.
Although there is no mandatory uniform style that is to be
followed in the drafting of legislative measures, general guidelines
are available through the Office of Legislative Counsel.
The component parts of a bill introduced in the House include:
A bill title (an identifying bill number is subsequently added
thereto).
A preamble--used often in simple and concurrent resolutions,
less often in joint resolutions, and, in modern practice, never
in bills. Sec. 5, infra.
An enacting or resolving clause, which must appear in the
first section of the Act. 1 USC Sec. 103.
The text of the bill.
On rare occasions, a bill may contain an illustration, as where it
shows a required warning label. 99-2, Feb. 3, 1986, p 1326. Also rare,
one House may pass a bill with blanks to be filled in by the other
House. 5 Hinds Sec. 5781. It has been held not in order for a Member
to distribute on the floor of the House copies of a bill marked with
his own interpretation of its provisions. Deschler Ch 24 Sec. 2.1.
Enacting Clauses
The form prescribed by section 101 of title 1, United States Code
for the enacting clause of a bill is as follows:
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled.
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Resolving Clauses
The form prescribed by section 102 of title 1, United States Code
for the resolving clause of a joint resolution is:
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled.
If the joint resolution proposes to amend the Constitution, it is
customary to add to the resolving clause the words ``two-thirds of
both Houses concurring.'' 4 Hinds Sec. 3367.
Sections; Headings and Subheadings
The United States Code requires that each section of a bill be
numbered and that it ``contain, as nearly as may be, a single
proposition of enactment.'' 1 USC Sec. 104. Section headings and
subheadings may be used, and in cases of ambiguity it is proper to
consult both a section heading and the section's content in order to
ascertain the clear meaning of the legislation. House v. Commissioner,
453 F.2d 982 (5th Cir. 1972).
Page and Line Numbers
When a bill is introduced or reported, each page of the text is
numbered and each line in the text is given a separate number in the
margin so that reference may quickly be made to specific provisions of
the bill. However, the pagination and marginal numerals are not part
of the text of the bill, and after amendment they may be altered,
changed, or transposed by the Clerk to conform to the amended text
without the necessity of a House order. 5 Hinds Sec. 5781; 8 Cannon
Sec. 2876.
Sec. 4 . Titles
All bills are given a title that indicates the subject matter of
the bill. A title is used strictly for purposes of identification and
is not considered in passing on points of order relating to the
provisions of the bill. 7 Cannon Sec. 1489; Deschler Ch 24 Sec. 9.1.
Under the guidelines suggested by the Office of the Legislative
Counsel, a title should accurately and briefly describe what a bill
does. For bills amending primarily a particular law, the form ``To
amend [citation of law] to . . .'' is used. For constitutional
amendments, the form ``Proposing an amendment to the Constitution of
the United States concerning . . .'' is used. If the bill covers
multiple items, the phrase ``and for other purposes'' may be used at
the end of the title.
The title is retained on the bill during the various stages of
enactment, including engrossment and is entered on the Journal and
printed in the Con
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gressional Record. Manual Sec. Sec. 431, 831. However, it is not
considered to be part of the enacted statute and is generally
published only in the Statutes at Large. Indeed, when an enacted
statute is codified and included in the United States Code, its title
may be excluded or greatly abbreviated.
A title cannot be used to negate the obvious meaning of the
statute. However, a title may, as part of the legislative history,
assist in resolving ambiguities. 4 Hinds Sec. 3381. In such cases the
title of an Act may be resorted to by courts as an aid in determining
legislative intent. Brotherhood of R.R. Trainmen v. Baltimore and Ohio
Railroad Co., 331 U.S. 519 (1947). In this context, the title of a
bill at the time of its enactment is said to be indicative of the true
intention of Congress in enacting it. Corpus Juris Secundum, Statutes
Sec. 351.
Sec. 5 . Preambles
Preambles (``whereas'' clauses) often appear in concurrent or
simple resolutions and less often in joint resolutions. Such clauses
appear less often in joint resolutions (and, in modern practice, never
in bills) because sections containing separate statements of findings
serve the same purpose. 4 Hinds Sec. 3412. Preambles are sometimes
used to indicate the underlying reason for a measure. 4 Hinds
Sec. 3413.
The House may amend or delete the preamble from a joint resolution
before its passage or the preamble from a concurrent or simple
resolution following its adoption. Manual Sec. 414. This is done
either by unanimous consent or pursuant to a motion to strike the
preamble. This cannot be done simply by moving to strike all after the
enacting or resolving clause because the preamble always precedes that
clause. Deschler Ch 24 Sec. 9.5. Preambles to simple resolutions may
also be disposed of pursuant to a motion to lay on the table, and the
adoption of such motion does not affect the status of the resolution.
5 Hinds Sec. 5430. The motion for the previous question may be applied
at once to the resolution and the preamble. Manual Sec. 1002b. Of
course, where no action is taken to strike the preamble, and the joint
resolution is passed, the preamble remains part of the joint
resolution. Deschler Ch 24 Sec. 9.5.
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B. Introduction and Reference
Sec. 6 . Introduction of Measures in the House; Sponsorship
Bills and Resolutions
Bills and resolutions are introduced by being deposited in the
hopper at the Clerk's desk anytime the House is in session. Deschler
Ch 16 Sec. 1. A Member may introduce a bill during an interim pro
forma meeting even though no legislative business is being conducted.
Manual Sec. 816.
At its organization for the 106th Congress, the House adopted an
order reserving the first 10 bill numbers for assignment by the
Speaker during a specified period. In the 107th and 108th Congresses,
the House adopted the same order, but extended the applicable time
period to the entire first session. Manual Sec. 825.
A bill or resolution may be introduced by any Member who has taken
the oath, and he need not seek recognition for that purpose. Deschler
Ch 16 Sec. 1. A Member may introduce a bill even though he is
personally opposed to its passage. Deschler Ch 16 Sec. 1.6. The rules
do not limit the number of bills a Member may introduce.
Once introduced, the bill becomes the property of the House. As
such, the House may consider it notwithstanding the death,
resignation, or replacement of its sponsor. Deschler Ch 16 Sec. 1.9.
Bills Introduced ``By Request''
Only a Member, Delegate, or the Resident Commissioner may
introduce a bill. The House does not permit the names of citizens
requesting the introduction of a bill to be printed in the
Congressional Record, but the rules do permit the words ``by request''
to be entered on the Journal and printed in the Record. Manual
Sec. 826. These words appear following the name of the primary sponsor
or the names of some or all of the initial cosponsors. Deschler Ch 16
Sec. 1.2.
Petitions and Memorials
Petitions and memorials addressed to the House are delivered to
the Clerk and may be presented by the Speaker as well as by any
Member. Manual Sec. 818; 4 Hinds Sec. 3312. A Member may present a
petition from the citizens of a State other than his own. 4 Hinds
Sec. Sec. 3315, 3316.
Sponsorship; Endorsements and Signatures
By House rule, all bills, resolutions, and memorials must be
endorsed with the name of the Member or Members introducing them.
Manual Sec. Sec. 818, 825. By directive of the Speaker, all bills must
bear the original sig
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nature of the chief sponsor or first-named Member. Manual Sec. 821. A
bill falsely introduced in a Member's name in his absence involves a
question of privilege, and the House may agree to an order providing
for its cancellation. 4 Hinds Sec. 3388.
Cosponsorship
Unlimited cosponsorship of public bills is permitted until such
time as all committees authorized to report the bill have done so or
have been discharged from consideration thereof. Before the bill is
reported, a Member may remove his name as a cosponsor by unanimous
consent. Manual Sec. 825. Alternatively, a cosponsor may announce his
withdrawal of support for a bill, or a statement indicating that an
error was made in the listing of a cosponsor's name may be made on the
floor for publication in the Congressional Record. Deschler Ch 16
Sec. Sec. 2.5, 2.6. At its organization for the 104th Congress, the
House resolved that each of the first 20 bills and each of the first
two joint resolutions introduced in that Congress could have more than
one Member reflected as a first sponsor.
By unanimous consent, a Member may add his own name as a cosponsor
of an unreported bill where the primary sponsor is no longer a Member
of the House. Similarly, a designated Member may be authorized to sign
and submit lists of additional cosponsors where the primary sponsor is
no longer a Member. However, the Chair will not otherwise entertain a
request to add cosponsors by a Member other than the primary sponsor.
In fact, the Chair will not entertain any unanimous-consent request to
add a cosponsor, whether such request includes only the Member making
the request, all Members, or a specified additional sponsor. Such
requests must be made by a primary sponsor through the hopper not
later than the last day on which any committee is authorized to
consider and report the measure to the House. Manual Sec. 825.
Sec. 7 . Reference
Generally
When a bill is introduced, it is referred by the Speaker to
committee in accordance with rule X clause 1, the rule fixing the
jurisdiction of committees over particular subjects, and in accordance
with the referral procedures contained in rule XII clause 2. Deschler
Ch 16 Sec. 3. However, a bill referred by the House itself may be sent
to any committee without regard to the rules of jurisdiction. 4 Hinds
Sec. 4375; 7 Cannon Sec. 2131. Jurisdiction in such a case is deemed
conferred by the action of the House. 4 Hinds Sec. Sec. 4362-4364; 7
Cannon Sec. 2105.
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Absent specific authority or the authority to originate, a
committee may not report a measure that has not been properly referred
to it by the Speaker or by the House. 4 Hinds Sec. Sec. 4355-4360; 7
Cannon Sec. Sec. 1029, 2101. The committees authorized to file from
the floor as privileged, pursuant to rule XIII clause 5, certain bills
and resolutions originating from such committees are Appropriations,
Budget, House Administration, Rules, and Standards of Official
Conduct. Manual Sec. Sec. 412, 853.
Erroneously Referred Bills
Rule XII clause 7 provides for procedures to be followed in case
of an error in the reference of a public bill. For a discussion of
erroneous referral of a private bill, see Sec. 14, infra. The House
rerefers public bills without debate, usually pursuant to a unanimous-
consent request. Deschler Ch 16 Sec. Sec. 3.13- 3.15. A motion to
rerefer also is available. However, that motion has not been offered
since the 82d Congress. Manual Sec. 825; Deschler Ch 16
Sec. Sec. 3.10-3.13. The motion to rerefer:
Must apply to a bill erroneously referred. 7 Cannon Sec. 2125.
Must be made immediately following the Pledge of Allegiance.
Rule XII clause 7; 7 Cannon Sec. Sec. 1809, 2119, 2120.
Must apply to a single bill and not to a class of bills. 7
Cannon Sec. 2125.
May be amended. 7 Cannon Sec. 2127.
May not be divided. 7 Cannon Sec. 2125.
May not be debated. 7 Cannon Sec. Sec. 2126-2128.
Bills Reported From Committee; Referrals to Calendars
Bills reported from committees are ordinarily referred to the
proper calendar under the direction of the Speaker. Manual
Sec. Sec. 828, 831. Once a bill has been reported by committee, points
of order against its reference and motions for its rereferral are not
entertained. 7 Cannon Sec. 2110; Deschler Ch 16 Sec. 3.6. Under rule
XII clause 2, a bill reported from committee may be sequentially
referred by the Speaker to other committees (even a bill previously
referred to a calendar). Sec. 8, infra. Moreover, once consideration
of the reported measure has begun in the House, a motion to refer or
recommit is in order in differing situations under the rules of the
House. Manual Sec. Sec. 916, 917, 1001; see Refer and Recommit.
Sec. 8 . Multiple Referrals; Sequential or Split Referrals
Before the 94th Congress, a bill could not be divided among two or
more committees, even though it contained matters properly within the
jurisdiction of several committees. 4 Hinds Sec. 4372. However, in
1975 the House adopted rule XII clause 2(b), stating that every
referral must be made so
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as to ensure ``to the maximum extent feasible'' that each committee
having jurisdiction over the subject matter of a provision will have
responsibility for considering it and reporting thereon to the House.
Rule XII clause 2(c)(1) requires the Speaker to designate a committee
of primary jurisdiction upon the initial referral of a measure to a
committee (except where he determines that extraordinary circumstances
justify review by more than one committee as though primary). The
Speaker has discretion to:
Refer the measure to other committees either initially (at the
time of introduction) or sequentially (following the primary
committee's report); in either case, subject to time limits
imposed after the primary committee has reported.
Refer designated portions of the same measure to other
committees (split referral).
Refer a measure to a special ad hoc committee, established by
the House, consisting of members of committees with shared
jurisdiction over the measure.
The Speaker's referrals are always for consideration of such
provisions as fall within a committee's jurisdiction, and bills
referred to more than one committee contain an explicit statement to
that effect.
Sec. 9 . Bills Reported with Amendments
A bill reported from a committee with an amendment may be
sequentially referred to another committee where the amendment falls
within the jurisdiction of the second committee. Manual Sec. 816. In
determining whether the matter falls within the jurisdiction of the
second committee, the Speaker may base his referral on either (1) the
text of an amendment as well as the text of the original bill; or (2)
solely on the text of a reported substitute amendment in lieu of the
original bill. Manual Sec. 816. The second committee may report an
amendment to the amendment adopted by the first committee if the
amendment to the amendment is within the jurisdiction of the second
committee.
The Speaker has exercised his authority to base referrals on
committee amendments to reported bills by sequentially referring:
A reported bill to another committee solely for consideration
of provisions of the first committee's amendment within its
jurisdiction, and not for consideration of the entire bill.
A reported bill to two other committees for different periods
of time, solely for consideration of designated sections of the
first committee's recommended amendment.
A reported bill solely for consideration of designated
portions of the first committee's amendment.
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Only a portion of the original text where the primary
committee's amendment would delete portions of the bill within
the sequential committee's jurisdiction.
Manual Sec. 816.
Sec. 10 . Matters Subject to Referral
Generally
Rule XII clause 2, the rule establishing the referral procedures
to be followed by the Speaker, applies to ``each bill, resolution, or
other matter'' relating to a subject falling within the jurisdiction
of a standing committee under rule X clause 1. Thus, the Speaker may,
pursuant to the rule, refer bills and resolutions, a portion of a
bill, a Presidential message, an executive communication, or a select
committee report. Manual Sec. 816.
Senate Amendments to House Bills
Pursuant to rule XIV clause 2, the Speaker may refer to a standing
committee a Senate amendment to a House-passed bill. Formerly, where a
House bill was returned from the Senate with an amendment relating to
a new and different subject, the Speaker referred it to the committee
having jurisdiction of the original bill. 4 Hinds Sec. Sec. 4373,
4374. Under the modern practice, the Speaker rarely exercises his
authority to refer Senate amendments at all. Where he does, the
Speaker may impose a time limitation for consideration of a certain
portion of the amendment. Manual Sec. 816. On being reported from a
standing committee, the House bill with the Senate amendment is
referred to the Committee of the Whole. 4 Hinds Sec. 3108; 8 Cannon
Sec. 3187. Under rule XXII clause 2, House bills with Senate
amendments that do not require consideration in Committee of the Whole
may be at once disposed of as the House may determine.
Senate Bills and Messages
The Speaker may refer bills and joint and concurrent resolutions
messaged from the Senate to committees in the same manner as public
bills originating in the House. Rule XIV clause 2. Senate messages
requiring consideration in Committee of the Whole and Senate bills
(with certain exceptions, as where a similar House measure has been
reported or ordered reported) are referred to the appropriate standing
committees under the direction of the Speaker without action by the
House. 4 Hinds Sec. 3101; 6 Cannon Sec. 727. Simple resolutions of the
Senate that do not require any action by the House are not referred. 7
Cannon Sec. 1048.
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Sec. 11 . Time Limitations on Referred Bills; Extensions
Generally
Pursuant to rule XII clause 2, the Speaker may impose a time limit
for the consideration by any committee of a bill that is primarily,
initially, or sequentially referred. The Speaker normally places a
time limit on bills sequentially referred. However, the rules of the
House do not require him to do so. The Speaker may sequentially refer
a bill without setting such limit or may set a limit as short as one
day. Manual Sec. 816.
On the last day of an expiring sequential referral, a committee
has until midnight to file its report with the Clerk. Manual Sec. 816.
Rule XII clause 2 is not construed to prevent a secondary
committee from reporting before the primary committee. It is the
intent of the rule to allow the primary committee to report before a
measure is scheduled for floor consideration. However, the measure may
be considered without a report by the primary committee when the
primary committee waives its right to report and a special order is
adopted discharging the committee. The measure also may be considered
when the Speaker exercises discretion to impose a time limit on the
primary committee for reporting (which he rarely exercises) and such
committee fails to meet the deadline. In that case, the primary
committee will be considered to have been discharged from further
consideration of the measure. Manual Sec. 816.
Extensions of Time
The Speaker may extend the time limit set for the consideration of
a referred bill, and he has exercised such authority with respect to
bills that have been sequentially referred, or divided for reference.
Where the Speaker extends the time limit on a sequentially referred
bill, he also may refer the bill to another committee for the same
period. More than one extension of time may be given by the Speaker to
a committee considering a bill. Manual Sec. 816.
Discharge of Committee
Where a committee does not report a measure to the House on or
before the date specified by the Speaker pursuant to his authority
under rule XII clause 2, the Speaker may discharge the committee from
further consideration of the measure and refer it to the appropriate
calendar or to another committee. Also, the House may adopt a special
order of business accomplishing the discharge. Manual Sec. 816.
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Sec. 12 . Referrals To or From Special and Ad Hoc Committees
The Speaker may refer bills, resolutions, and other matters
(including messages and communications) to an ad hoc committee
established with the approval of the House. The House order
authorizing the ad hoc committee may require that referrals to the
committee be by initial or sequential reference or by some other
method provided by rule XII clause 2. Manual Sec. 816. For example, in
the 107th Congress, the Select Committee on Homeland Security was
required to report to the House its recommendations on a bill
establishing a Department of Homeland Security. In making its
recommendation, the select committee was required to take into
consideration recommendations by each committee to which such bill was
initially referred. 107-2, H. Res. 449, June 19, 2002, p ____. In the
108th Congress, the select committee was reestablished to develop
recommendations and report to the House by bill or otherwise on such
matters that relate to the Homeland Security Act of 2002 as may be
referred to it by the Speaker. 108-1, H. Res. 5, Jan. 7, 2003, p ____.
C. Private Bills
Sec. 13 . In General
Background
The practice of Congress in passing private bills for the benefit
of specific persons or entities was taken from the English Parliament
and began with the First Congress. The use of private bills steadily
increased thereafter, so much so that in some years the Congress
enacted more private bills than it did public bills. The 59th
Congress, for example, enacted more than 6,000 private bills, while it
enacted fewer than 700 public bills. 7 Cannon Sec. 1028. In recent
years, and especially since the adoption of the Legislative
Reorganization Act of 1946, the number of private bills enacted into
law has been steadily declining. In the 104th Congress, only four
private bills were approved. In the 105th Congress, only 10 private
bills were approved. Calendars of the U.S. House of Representatives,
Final Edition, 104th Cong. and 105th Cong.
Because it lacks the generality of application that is normally
found in public laws, a private law is considered a legislative
anomaly. Congressional action in passing such laws has been based on
the rationale that because public laws cannot cover every situation or
extraordinary circumstance that might arise, Congress may, as part of
its general law-making function, create
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``equitable law'' to cover such circumstance. Note, Private Bills in
Congress, 79 Harv. L. Rev. 1684 (1966).
Constitutionality
Although the constitutionality of private laws has not been
subjected to extensive critical analysis by the courts, their use is
regarded as a proper legislative function. The Supreme Court in 1940
held that the passage of a private law does not constitute a
congressional intrusion into the judicial function. Paramino Lumber
Company v. Marshall, 309 U.S. 370 (1940).
Omnibus Bills
Rule XV clause 5 permits the use of ``omnibus'' private
legislation--that is, a measure containing two or more private bills
that are considered as a single package. Manual Sec. Sec. 895, 897.
Sec. 14 . What Constitutes a Private Bill
A private bill may be generally defined as a bill for the benefit
or relief of one or several specified persons or entities. 4 Hinds
Sec. 3285; 7 Cannon Sec. 856. It is generally enacted only for those
who have no other remedy available to them. Deschler Ch 24 Sec. 3. A
bill for the benefit of a named individual is classed as a private
bill, even though it deals with government property. 7 Cannon
Sec. 859. An ``omnibus claim bill,'' which contains provisions for
payments to many different claimants, also is treated as a private
bill rather than a public bill, where all claimants are of the same
class and each claimant is specified by name. 4 Hinds Sec. 3293.
Sec. 15 . Introduction, Reference, and Consideration
Private bills may be presented to the House only through a
sponsoring Member and may not be cosponsored. A Member with a private
bill to present (1) endorses his name on the bill and (2) delivers the
bill to the Clerk. Rule XII clause 3; Manual Sec. 818.
Under rule XII clause 6, errors in private bills may be corrected
without action by the House at the suggestion of the committee in
possession of the bill. Because an erroneous reference of a private
bill does not confer jurisdiction on the committee to report it, a
point of order will lie against the bill when it comes up for
consideration in the House or in the Committee of the Whole. Manual
Sec. 824. A subcommittee may have specific rules governing the
consideration of private bills. See, e.g., ``Rules of Procedure for
Private Immigration Bills,'' Subcommittee on Immigration Claims,
Committee on the Judiciary. Committee approval of the bill is
generally contin
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gent upon a showing that the applicant has no other remedy. A private
bill reported out of committee is referred to the Private Calendar.
Private bills called on the Private Calendar are reviewed by a
committee of ``official objectors'' consisting of six members--three
from each party. As a matter of policy, the official objectors have
traditionally required that bills must be on the Private Calendar for
seven days before being called up. See Private Calendar. A Member
serving as an official objector has periodically included in the
Congressional Record an explanation of how bills on the Private
Calendar are considered. Manual Sec. 896. If two or more Members of
the House object to a bill, it is recommitted to the committee that
reported it. Manual Sec. 895. However, such a bill may be ``passed
over without prejudice'' by unanimous consent for subsequent
consideration. Also, the provisions of a private bill may be reported
back in an omnibus bill. See Private Calendar. In modern practice,
private bills have not been scheduled by the Speaker for consideration
under suspension of the rules. This procedure has been reserved for
public bills.
If the bill is unopposed, it is taken up in the House as in the
Committee of the Whole. The procedure is as follows:
Speaker: This is the day for the call of the Private Calendar. The
Clerk will call the first omnibus bill on the calendar. . . . The
Clerk will read the bill by title for amendment. [The Clerk reads
the bill, and any committee amendments are reported and disposed of;
thereafter, motions to amend are in order. See Sec. 16, infra]
Member: Mr. Speaker, I offer a motion [to strike all or part of
the pending paragraph.]
Note: Amendments are in order only if they strike or reduce
amounts of money or provide limitations. Manual Sec. 895. Motions to
strike the last word are not permitted, nor are reservations of
objection. See Private Calendar.
Speaker [after disposition of amendments]: The question is on the
engrossment and third reading of the bill.
Member: Mr. Speaker, I offer a motion to recommit.
Speaker [after disposition of the motion to recommit]: The
question is on the passage of the omnibus bill.
After being passed by the House, an omnibus private bill is
resolved into the various private bills of which it is composed, and
each is sent to the Senate as if individually passed. Manual Sec. 897.
A private bill that has passed both Houses must be approved by the
President or enacted over his veto to become law.
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Sec. 16 . -- Amendments
A private bill is subject to amendment under the five-minute rule,
pursuant to rule XV clause 5. Manual Sec. Sec. 895, 897. However, a
private bill for the benefit of one individual may not be amended so
as to extend its provisions to another individual, even indirectly
through a motion to recommit with instructions. 4 Hinds Sec. 3296.
Under the germaneness rule, it is not in order to amend a private bill
by extending its provisions to a general class of individuals, which
would be public in character. 4 Hinds Sec. 3292; 7 Cannon Sec. 860;
see Germaneness of Amendments. Motions to strike the last word--pro
forma amendments--are not entertained. Deschler-Brown Ch 29 Sec. 70.7.
When an amendment is offered, members of the reporting committee
have priority in recognition to oppose the amendment. Deschler-Brown
Ch 29 Sec. 13.23.
Sec. 17 . Uses of Private Bills
Generally
Under the modern practice, most private bills granting relief to
individuals fall into one of four major categories: (1) bills
involving claims against the United States or waiving claims by the
Federal Government against specific individuals; (2) bills excepting
named individuals from certain requirements of the immigration or
naturalization laws; (3) conveyances of real property rights; and (4)
tariff treatment for private entries. See Sec. Sec. 18, 19, infra.
Some private bills granting relief to identified individuals
merely permit the taking of some action that would otherwise be
prohibited by general law. For example, one favorably reported private
bill authorized Federal employees of the Social Security
Administration in Syracuse, New York, to transfer annual leave to a
fellow employee who had exhausted her sick leave during her treatment
for cancer. 100-2, H.R. 3625, H. Rept. 100-554. Another private bill
authorized the Secretary of Defense to allow the children of a secret
service agent killed while on duty to attend school at a United States
military facility in Puerto Rico (the family had been notified that
his children were no longer eligible to attend the school because the
children were no longer dependents of a Federal employee in Puerto
Rico). 100-2, H.R. 3439, H. Rept. 100-552.
Measures Barred From Consideration
Under rule XII clause 4, a private bill may not be introduced or
considered if it authorizes or directs the payment of money for
property damages
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or for personal injuries or death for which suit may be instituted
under the Federal Tort Claims Act (FTCA). Private pension bills (other
than those to carry out a provision of law or treaty stipulation) are
also barred, as are bills providing for the construction of a bridge
across a navigable stream. Private bills providing for the correction
of a military record are likewise proscribed. However, a private bill
that merely changes the computation of retired pay for a former member
of the armed services has been held permissible. Manual Sec. 822. The
barring of private bills in such cases is based on the availability to
claimants of other judicial or administrative remedies. Deschler Ch 24
Sec. 3. The FTCA, for example, provides both administrative and
judicial remedies in certain personal injury cases involving the
negligence of Federal employees. 28 USC Sec. 2671.
Sec. 18 . -- Claims By or Against the Government
Generally; Constitutionality
Many private bills grant relief to an individual who has a
meritorious claim against the Federal government that cannot otherwise
be remedied. Deschler Ch 24 Sec. 3. The constitutional basis for such
bills is found in the first amendment, which sets forth the right to
petition the government for the redress of grievances, and in article
I, which allocates to Congress the power to pay the debts of the
United States. U.S. Const. art. I, Sec. 8, cl. 1; Pope v. United
States, 323 U.S. 1 (1944).
Procedure
Under rule XII clause 2(d), unanimous consent is required for the
reference of a private claim bill to a committee other than the
Committee on the Judiciary or the Committee on International
Relations. Manual Sec. 817. Most private bills involving claims
against the government are referred to the Judiciary Committee, which
has jurisdiction over such claims under rule X clause 1(k). For
example, a private bill providing to a named individual an entitlement
to social security benefits was referred as a private claim only to
the Committee on the Judiciary (in accord with rule XII clause 2(d))
and, when reported by that committee, was referred to the Private
Calendar and not sequentially to the Committee on Ways and Means. 106-
2, Feb. 14, 2000, p ____.
The Committee on the Judiciary refers a private claim bill to its
Subcommittee on Immigration and Claims. The subcommittee may hold a
hearing on the matter. The full-committee files its report with the
House, and the Speaker refers it to the Private Calendar. See also
Sec. 15, supra.
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Note: An alternative to this procedure is provided for in law. It
authorizes either House of Congress, by adopting a resolution, to
refer bills (except pension bills) to the Chief Judge of the U.S.
Court of Federal Claims, and stipulates that the Chief Judge is to
report the findings of fact and conclusions in each case to the House
that made the reference. 28 USC Sec. Sec. 1492, 2509. These reports
are provided to Congress for use in deciding whether certain private
claims warrant legislative relief. Zadeh v. United States, 111 F.
Supp. 248 (Ct. Cl. 1953).
Granting Relief; Consideration of Particular Claims
In exercising its jurisdiction over claims against the government,
and in determining whether relief should be granted to persons seeking
redress of grievances under its rules, the subcommittee has been
guided by ``principles of equity and justice.'' The task of the
subcommittee has been to determine whether the equities and
circumstances of a case create a ``moral obligation'' on the part of
the government to extend relief to an individual who has no other
existing remedy. Relief has been granted in private legislation:
To provide for the payment to settle certain property damage
claims of residents arising out of the 1973 occupation of
Wounded Knee, South Dakota. 100-2, H.R. 2711, H. Rept. 100-559.
To provide for a payment to a child who had been sexually
assaulted by an employee of the Postal Service, who was
delivering mail at the time. A civil action against the United
States on behalf of the six-year-old claimant was filed under
the FTCA on the basis of negligent supervision of the employee
by the Postal Service, but this suit was unsuccessful,
intentional torts such as assault being excluded under the
provisions of the Act. 100-2, H.R. 4099, H. Rept. 100-556.
To authorize certain firefighters to sue the United States for
injuries or death under the FTCA because the Secretary of Labor
had determined that the firefighters were Federal employees
covered by another statute--the Federal Employee Compensation
Act--which precluded claims under the FTCA. 100-2, H.R. 2682,
H. Rept. 100-547.
To waive the discretionary-function and foreign-country
exceptions to the FTCA, thereby granting jurisdiction for the
claimant to sue the government for claims arising at a U.S.
Army health facility in Germany for improperly administered
smallpox vaccination. 100-2, H.R. 2684, H. Rept. 100-442.
To provide compensatory relief in a contract case based on a
moral obligation of the government, such as when money was
promised and not paid. 87-1, Priv. L. No. 87-195, H. Rept. 87-
232; 100-2, H.R. 3185, H. Rept. 100-549.
To adjust or credit the account of a Federal official or to
reimburse a government employee for expenditures made by him at
the direction of his employer. 7 Cannon Sec. 863; 100-2, H.R.
3388, H. Rept. 100-551.
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To permit claimants to receive an annuity under the Civil
Service Retirement system. 100-2, H.R. 2889, H. Rept. 100-548;
100-2, H.R. 1864, H. Rept. 100-546.
To relieve a Federal employee of liability for repayment of
travel expenses erroneously paid to him by his employer. 100-2,
H.R. 3941, H. Rept. 100-555; 100-2, H.R. 3347, H. Rept. 100-
550.
To suspend or waive a statute of limitations where the
government has been unjustly enriched at the expense of the
claimant (87-1, Priv. L. No. 87-23, H. Rept. 87-176), or where
to do so would be in the interests of ``justice and equity''
(100-1, H.R. 1491, H. Rept. 100-439).
To provide payment to an individual injured by a government-
prescribed fire. 104-2, S. 966, H. Rept. 104-638.
To provide reimbursement to an entity for emergency work under
the Robert T. Stafford Disaster and Emergency Assistance Act.
104-1, H.R. 419, H. Rept. 104-359.
Sec. 19 . -- Immigration and Naturalization Cases
Private bills are sometimes used to exempt individuals from the
application of the immigration and naturalization laws in hardship
cases where the law would otherwise prohibit entry into or require
deportation from the United States. Deschler Ch 24 Sec. 3.
Private bills have been used in specific cases to:
Restore a prospective immigrant to his place on a quota
waiting list when that place was lost without his fault. 83-2,
Priv. L. No. 601, H. Rept. 83-2078.
Grant asylum to a Communist aviator who flew his plane to the
West. 83-2, Priv. L. No. 380, H. Rept. 83-650.
Grant the status of permanent residence to a 23-year-old
Philippino woman who became pregnant while visiting the United
States under a temporary visa, where the father had acquired
permanent-residency status, and where the alternative would
have been to separate the family, with the mother and infant
returning to the Philippines and the father remaining here.
100-1, S. 393, H. Rept. 100-354.
Reinstate U.S. citizenship to a 65-year-old native U.S.
citizen who renounced citizenship in 1950 due to family
obligations when he was married to a Mexican national. 100-1,
H.R. 2358, H. Rept. 100-381.
Enable a record-holding swimmer from East Germany who had
defected to the United States to file a petition for
naturalization, without regard to residence or Communist Party
membership. 100-2, H.R. 446, H. Rept. 100-598.
Grant the status of permanent residence to a sports and media
figure retroactively to 1950 and provide that he shall be
considered to have complied with residential and physical
presence requirements of the Immigration and Naturalization
Act. 86-2, Priv. L. No. 86-486, H. Rept. 1506.
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To permit certain individuals who were evacuated from Kuwait
during the Persian Gulf War to file for permanent resident
status. 106-2, H.R. 3646, H. Rept. 106-580.
D. Restrictions on Certain Public Bills
Sec. 20 . Appropriations
Appropriations on Legislative Bills
Restrictions against the inclusion of appropriations in
legislative bills are provided for by rule XXI clause 4. A bill or
joint resolution carrying appropriations may not be reported by a
committee not having jurisdiction to report appropriations; and points
of order lie against those provisions when the bill is read for
amendment. The rule also prohibits amendments proposing appropriations
on a reported legislative bill. Manual Sec. 1065; see also
Appropriations, Sec. 76.
Transportation Obligation Limitations
Section 8101(e) of the Transportation Equity Act for the 21st
Century (Pub. L. No. 105-178) added rule XXI clause 3, which precludes
consideration of a measure that would cause obligation limitations to
be below the level for any fiscal year set forth in section 8103 of
the Transportation Equity Act for the 21st Century, as adjusted, for
the highway category or the mass transit category, as applicable.
Manual Sec. 1064; see also Appropriations, Sec. 59a.
Funding for Aviation Programs
Section 206 of the Wendell H. Ford Aviation Investment and Reform
Act for the 21st Century (Pub. L. No. 106-181) added a provision
establishing points of order to guarantee a certain level of budget
resources available from the Airport and Airway Trust Fund each fiscal
year through fiscal year 2003, to restrict the uses of those
resources, and to guarantee a certain level of appropriations. Manual
Sec. 1064a; see also Appropriations, Sec. 59a.
Sec. 21 . Tax and Tariff Measures
Under rule XXI clause 5(a), a bill or joint resolution carrying a
tax or tariff measure may not be reported by a committee other than
the Committee on Ways and Means; and points of order lie against those
provisions when the bill is read for amendment. The prohibition
extends to consideration of an amendment in the House or proposed by
the Senate that carries a tax or tariff measure offered during the
consideration of such bill or joint
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resolution. For a discussion of the restrictions against bills and
amendments carrying a tax or tariff, see Manual Sec. 1066.
Rule XXI clause 5(c) precludes consideration of a bill, joint
resolution, amendment, or conference report that carries a retroactive
Federal income tax rate increase. The rule defines a ``Federal income
tax rate increase'' as any amendment to subsection (a), (b), (c), (d),
or (e) of section 1, or to section 11(b) or 55(b), of the Internal
Revenue Code of 1986, that imposes a new percentage as a rate of tax
and thereby increases the amount of tax imposed by any such section.
The rule further specifies that a Federal income tax rate increase is
retroactive if it applies to a period beginning before the enactment
of the provision. Manual Sec. 1068.
Sec. 22 . Designation of Public Works
Rule XXI clause 6 precludes consideration of a bill, joint
resolution, amendment, or conference report that provides for the
designation or redesignation of a public work in honor of an
individual then serving as a Member, Delegate, Resident Commissioner,
or Senator. Manual Sec. 1068a.
Sec. 23 . Prohibition on Commemorations
Rule XII clause 5 precludes introduction and consideration of a
bill or resolution, or an amendment thereto, if it establishes or
expresses a commemoration. The term ``commemoration'' is defined by
the rule as a remembrance, celebration, or recognition for any purpose
through the designation of a specified period of time. Manual
Sec. 823. The House by unanimous consent waived the prohibition in
rule XII clause 5(a) for a joint resolution to amend title 36, United
States Code, to designate September 11 as United We Stand Remembrance
Day. 107-1, Oct. 24, 2001, p ____.